Barnard v. Campbell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs and granting a new trial. This was an action of replevin to recover possession of 1,370 bags of linseed.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs and granting a new trial. This was an action of replevin to recover possession of 1,370 bags of linseed. Defendants, who were merchants in Hew York, had, prior to August 21st, 1863, been negotiating with one E. P. Jeffries, of Boston, for the purchase of a quantity of linseed; the negotiations were closed on the twenty-first, by a sale of Jeffries, through his broker in Hew York, of 1,800 bags. Pursuant to the terms of sale, defendants, on the same day,…
1Opinion of the CourtAllen, J.
The only question involved in the action is, whether the plaintiffs and original owners or the defendants, the purchasers from Jeffries, the fraudulent vendee of the plaintiffs, have the better title to the merchandise in controversy. That, as against Jeffries, the right of the plaintiffs to rescind the sale and reclaim the goods, by reason of the fraud of the latter, is perfect, is conceded, and was so held upon the trial. Such right continues as against any one acquiring title under Jeffries, unless under well recognized principles of law, and, under the circumstances of this case, Jeffries…
2Cases cited5 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Weaver v. . BardenNew York Court of Appeals · 1872
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Dows v. . PerrinNew York Court of Appeals · 1857
- Wooster v. . SherwoodNew York Court of Appeals · 1862
3Cited by1 opinion
- New Orleans, Baton Rouge, Vicksburg & Memphis Railroad v. NorwoodMississippi Supreme Court · 1885